For years, a neon Patio Cafe sign has lit up a vacant 531 Castro Street storefront, but owner Les Natali finally has the proper permits — and a new plan: He wants to turn the space into a location of Hamburger Mary’s, the national chain that started in SoMa, once upon a time (1972).

The original location on Folsom and 12th shut down over a decade ago, and since then, places like Sneaky Tiki and Mercury Lounge have come and gone. It’s currently home to the Willows, which even has a Mary’s tribute burger on its menu.

Natali wants to bring it back. The catch, however, is that Hamburger Mary’s falls qualifies as formula retail, since it has 12 locations across the country, plus one in Berlin. It changed ownership in 2007, so it’s not run by the same owners as before.

Natali said he had decided to go forward with the application for conditional use authorization to open a Hamburger Mary’s at the Patio Cafe …. [H]e had asked his attorney to begin the planning approval process and to schedule a neighborhood meeting at the earliest possible date … He said he had hoped to avoid having to go through an additional permit approval process as he felt Hamburger Mary’s was not “a typical” formula retail business.

The interior of the Patio Cafe — which has been vacant for pretty much forever — wouldn’t change much, and the sign would obviously transform into a Hamburger Mary’s one.

Michael Bauer included the original Hamburger Mary’s on his 2001 list of 101 Reasons We’re America’s Culinary Mecca. He wrote: “Virtually every restaurant in San Francisco is gay- friendly, but that wasn’t always the case. In 1972, a group of gay and lesbian waiters and cooks got together and created the kitchy Hamburger Mary’s.”

When Hamburger Mary’s closed in 2001, The Chronicle’s Ken Garcia nicely summed up its place in the city’s culture:

It’s far too big for a time capsule, but if anybody wanted a snapshot of San Francisco in the mid to late ’70s, they could just pop in to Hamburger Mary’s.

Eclectic and wacky, with the spirit of a homey dive, Hamburger Mary’s was a central part of the South of Market scene that existed in those days, and has survived longer than most of the clubs, bars, and restaurants that sprang up around it.

There just aren’t many places where you will find a giant ruby slipper serving as planter or baby bottles doubling as coffee creamers. And there aren’t many restaurants where a counter seat provides counterculture.

So, what do you think, San Francisco? Should Hamburger Mary’s be exempt from the formula retail laws? Or does it deserve a sort of grandfather clause?

· Patio Cafe owner wants to open a Hamburger Mary’s in long dormant Castro space [Bay Area Reporter]